Minister for Justice and Law Society reach deal to end criminal legal aid dispute

LAST UPDATE | 1 hr ago

THE MINISTER FOR Justice has reached an agreement with the Law Society on the dispute over criminal legal aid, bringing an end to months of chaos in Irish courts.  

In a statement this evening, a spokesperson for Justice Minister Jim O’Callaghan said the agreement was reached after extensive talks between both sides and resolves the dispute in relation to payments surrounding elongated cases and separate and distinct cases brought on the same day.

The single flat fee structure will remain, but there will be enhanced payments for separate and distinct cases involving two or more charges which are brought on the same day.

There will also be an enhanced single flat fee payment for cases which are often elongated. These are domestic violence cases, juvenile cases and cases where the accused is placed in custody before trial.

Announcing the agreement, O’Callaghan said he was pleased and that the reforms now agreed will “result in a more efficient and cost-effective criminal justice system”.

“This was the purpose of the reform I introduced,” he said.

Welcoming what he described as the Department’s “constructive engagement”, president of the Law Society, Martin Lawlor, said:

“Criminal legal aid is a cornerstone of our justice system and a vital means of upholding the constitutional right to legal representation. Today’s agreement addresses two core issues that have made the scheme unworkable for many solicitors.”

He added: This is an important step towards an effective, sustainable scheme that protects access to justice for everyone who relies on our criminal justice system.” 

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Today’s agreement comes after a High Court judge said last week that some of the key changes introduced by O’Callaghan were “grossly unfair” and “demonstrably illogical”.

Before the new scheme was introduced in July, a solicitor used to receive €240 for a first appearance in court with a legal aid client and €60 for each appearance thereafter. Under the new scheme, they now receive a flat €520 fee when a case concludes, alongside any of the enhanced payments agreed today. 

Meanwhile, Sinn Féin’s justice spokesperson and chair of the Oireachtas Committee on Justice, Home Affairs and Migration, Matt Carthy, welcomed the resolution to the dispute but warned that “mishandling” by O’Callaghan “will impact on the courts for months”.

“It should not have been allowed to drag on for months,” said Carthy.

“O’Callaghan’s bull-headed refusal to engage earlier has caused enormous damage to the criminal justice system.

“His approach has meant victims waiting longer for justice, court cases have been repeatedly delayed, and significant backlogs have built up across the courts.

“It is clear that the consequences of this dispute will continue to be felt for months to come. There will undoubtedly be a significant financial cost to all of this which will be landed on taxpayers.”

He added that last week’s High Court ruling “exposed the fundamental flaws in the Minister’s approach”.

“The Minister had every opportunity to resolve this issue at an earlier stage,” said Carthy.

“It is no coincidence that a resolution has only been secured in the aftermath of the High Court judgment.”

Carthy said he will be asking the Oireachtas Justice Committee to “assess the full cost of O’Callaghan’s approach – both in terms of impact on the courts service and the overall costs to the exchequer”.